A decision made by the Executive at its meeting held on 27 November, 2017 in relation to Beaumaris Gaol and Courthouse and called in by Councillors Aled Morris Jones, Eric Wyn Jones, Kenneth Hughes, Bryan Owen and Peter Rogers.
The documentation is attached as follows –
· The decision made
· The Call-in request
· The joint report by the Head of Learning and the Head of Highways, Waste and Property Services as presented to the meeting of the Executive on 27 November, 2017
Minutes:
A decision made by the Executive at its meeting held on 27 November, 2017 to transfer Beaumaris Gaol and Courthouse to Beaumaris Town Council was called in by Councillors Aled Morris Jones, Eric Wyn Jones, Kenneth Hughes, Bryan Owen and Peter Rogers. The Executive’s decision, the call-in request and the joint report by the Head of Learning and the Head of Highways, Waste and Property Services to the Executive on 27 November, 2017 on the matter were presented for the Committee’s consideration.
The Head of Function (Council Business)/Monitoring Officer advised that the Committee had three options in coming to a decision on the call-in, viz.
• To accept the decision made by the Executive at its meeting on 27 November, 2017. In this case the call-in process will terminate and the Executive’s decision will take effect immediately after this meeting.
• To reject the decision made by the Executive. In this case, the Committee may refer the decision back to the Executive with a recommendation that it be reconsidered and/or amended. The Executive would then be required to give further consideration to the matter within 10 working days taking into account any recommendation made by the Scrutiny Committee, after which it would either confirm or amend the original decision.
• To reject the decision of the Executive and to refer the matter with a recommendation to the Full Council. The Council has no power to make a decision regarding the matter since it is not contrary to the Budget or Policy Framework nor inconsistent with the Budget. The Council would therefore only convene to consider the matter and, if it objects to the decision, to refer it back with any comments to the Executive as the decision-making body.
The Chair said that he had sought the advice of the Monitoring Officer as to whether it was appropriate for him as one of the signatories of the call-in request, to be chairing this meeting of the Corporate Scrutiny Committee. He had been advised that it was appropriate for him to do so.
Councillor Bryan Owen, as the Lead Call-in Member explained the reasons for calling in the decision made by the Executive on 27 November, 2017 as outlined in the call-in request form. These were in relation to the terms of the asset transfer to Beaumaris Town Council and the outsourcing process.
The Leader of the Council in response referred the Committee to the written report which clearly set out the financial implications of all the options considered with regard to the transfer of Beaumaris Gaol and Courthouse. Appendix 1 to the report describes the chronology of the outsourcing process through all its stages. It is one of the aims of the Council Plan to support communities to help them develop and prosper and also, to work innovatively with communities to keep important assets open. She said that the course of action taken by the Executive is in keeping with this objective.
The Head of Function (Council Business)/ Monitoring Officer clarified the legal process that had been followed with regard to the asset transfer proposal and confirmed that it had been conducted appropriately. There was no realistic prospect of a challenge.
Councillor Bryan Owen asked the Committee accept the call-in and to refer the decision back to the Executive for reconsideration with a view to re-running the outsourcing process for the asset transfer of Beaumaris Gaol and Courthouse.
The Committee considered the information presented and the representations made. The majority of the Committee’s Members were minded not to accept the call-in of the decision made by the Executive as they were satisfied that the option approved was the most financially advantageous option to the County Council, that processes had been followed and conducted appropriately and that the transfer of the assets to another public authority mean that the Gaol and Courthouse as valuable heritage and tourist assets, remain within public ownership within their communities. In coming to this conclusion, the Committee also sought assurance/clarification on specific matters in relation to the transfer.
It was proposed and seconded that the call-in of the Executive’s decision with regard to the transfer of Beaumaris Gaol and Courthouse to Beaumaris Town Council be rejected. In the ensuing vote the proposal was carried by a majority of the Committee’s Members.
It was resolved to reject the call in of the Executive’s decision from its meeting held on 27 November, 2017 in relation to the transfer of Beaumaris Gaol and Courthouse to Beaumaris Town Council for the reasons given.
The Executive’s decision therefore takes effect forthwith.